香港特別行政區 訴 梁睿智

香港特別行政區 訴 梁睿智

The Court refused the renewed out-of-time leave application because the uncontested physical evidence together with detailed voluntary admissions in the videotaped interview supported the trial judge's credibility findings and conviction; there was a reasonable inference of intent to commit theft/robbery from...

Source-derived case information.

Citation
[2019] HKCA 936
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Leung Yui Chi
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 September 2019
Case Number
CACC1/2019
Procedural Posture
Criminal — Renewal of Out of Time Application for Leave to Appeal Conviction / Court of Appeal Determination on Renewed Leave Application
Outcome
Renewal of out-of-time application for leave to appeal conviction dismissed; conviction affirmed
Legal Topics
Possession of Implements for Theft/robbery, Leave to Appeal (out of Time), Credibility Findings, Police Cautioned/confessional Interviews
Source Language
ch
Criminal Law Appeal Evidence Possession of Implements for Theft/robbery Leave to Appeal (out of Time) Credibility Findings Police Cautioned/confessional Interviews

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Parties

Hong Kong Special Administrative Region

Respondent

Leung Yui Chi

Applicant

Procedural Posture

Criminal — Renewal of Out of Time Application for Leave to Appeal Conviction / Court of Appeal Determination on Renewed Leave Application

  1. 1 Whether appellant had requisite intent to commit theft/robbery when found in public with tools
  2. 2 Whether admissions recorded by police and videotaped interview supported conviction
  3. 3 Whether renewal of out-of-time leave to appeal should be granted

Ratio Decidendi

The Court refused the renewed out-of-time leave application because the uncontested physical evidence together with detailed voluntary admissions in the videotaped interview supported the trial judge's credibility findings and conviction; there was a reasonable inference of intent to commit theft/robbery from possession and explanatory admissions, so no arguable appeal basis justified granting leave.

Court Disposition

Renewal of out-of-time application for leave to appeal conviction dismissed; conviction affirmed

Orders

  • Renewed out-of-time leave application dismissed
  • Conviction upheld